Word: mirandas
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...into a cell. Escobedo (TIME cover, April 29) well knew his rights: they were first limned in the Supreme Court decision that voided his murder admission in 1964 (Escobedo v. Illinois), and amplified last June when the court applied the rights of silence and counsel to all police interrogation (Miranda v. Arizona...
...Miranda v. Arizona, for example, the court last June extended a defendant's privilege against self-incrimination all the way back to police interrogation. A week later, in Johnson v. New Jersey, the court stated that Miranda's strict standards were not retroactive, even for prisoners who were still appealing their cases. Did this prevent all convicts who had confessed under the old rules from seeking freedom under...
...While it made the new rules binding in the future, the Johnson decision simply refused to force retroactivity on the states. Which left the states free to apply Miranda to past cases. Even if they did not, the court ruled in another case, any prisoner may still claim that his pre-Miranda confession was unconstitutionally coerced...
...counsel at the station house when they barred her daughter-her only "counsel." > The police coerced her confession by not telling her that her victim was dead -and falsely claiming that he would identify her. >The police failed to state her constitutional rights, thus voiding her confession under Miranda-if New York chose retroactivity...
...fact that confessions proved essential to successful prosecution "in only a small percent age of criminal cases," largely because many defendants were either caught red-handed in the act or observed by witnesses to the crime. Further, of 790 defendants who were informed of their rights under Miranda, 433 - or nearly 55% - went ahead and made a confession anyway. Apparently, said Younger, "in every human being, however noble or depraved, there is a thing called conscience"; and "large or small, that conscience usually, or at least often, drives a guilty person to confess." Then he added: "Those who hope...